[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Rules and Regulations]
[Pages 45658-45659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 95-21689]



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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 329

[INS No. 1404-95]
RIN 1115-AC34


Amendment of Filing Deadline for Naturalization for Philippine 
Veterans of World War II Based Upon Active Duty Service in the United 
States Armed Forces During Specified Periods of Hostilities

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final Rule.

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SUMMARY: This final rule amends the date previously published in the 
Federal Register as the final date applications must be received by the 
Service in order to be considered applications for naturalization under 
section 405 of the Immigration and Naturalization Act of 1990. This 
rule is necessary to correct an oversight in the calculation of the 
filing deadline and to ensure that Philippine veterans of World War II 
who missed the originally published filing deadline are afforded the 
opportunity for naturalization under this provision.

EFFECTIVE DATE: September 1, 1995.

FOR FURTHER INFORMATION CONTACT: W.R. Tillifson, Adjudications Officer, 
Adjudications Division, Naturalization and Special Projects Branch, 
Immigration and Naturalization Service, 425 I Street, NW., room 3214, 
Washington, DC 20536, telephone 202-514-5014.

SUPPLEMENTARY INFORMATION: Under current regulations, the final date 
applications had to be received by the Service in order to be 
considered under section 405 of the Immigration Act of 1990, Public Law 
No. 101-649, was February 2, 1995. The correct date should have been 
February 3, 1995. Accordingly, 8 CFR 329.5 is being amended to reflect 
the correct final date for filing. Philippine veterans of World War II 
who failed to file applications on February 2, 1995, but filed 
applications on February 3, 1995, will be considered for naturalization 
under section 405 of the Immigration Act of 1990.
    The Service's immediate implementation of this rule as a final rule 
is based on the ``good cause'' exception found at 5 U.S.C. 553(d)(3). 
This rule simply corrects the filing deadline for section 405 
applications thereby benefitting applicants who were denied 
consideration for failure to apply by the February 2, 1995, deadline. 

[[Page 45659]]


Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 
reviewed this regulation and by approving it certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule simply corrects the filing deadline for 405 
applications thereby benefitting applicants who were denied 
consideration for failure to apply by the February 2, 1995 deadline. 
This amendment has no financial impact on applicants eligible under 
this provision.

Executive Order 12866

    This rule is not considered by the Department of Justice, 
Immigration and Naturalization Service, to be a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review, and the Office of Management and Budget 
has waived its review process under section 6(a)(3)(A).

Executive Order 12612

    The regulation will not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12606

    The Commissioner of the Immigration and Naturalization Service 
certifies that she has assessed this rule in light of the criteria in 
Executive Order 12606 and has determined that it will not have a 
significant negative impact on family well-being.

List of Subjects in 8 CFR Part 329

    Armed Forces, Citizenship and Naturalization, Veterans.

    According, part 329 of chapter I of title 8 of the Code of Federal 
Regulations is amended as follows:

PART 329--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: 
NATURALIZATION BASED UPON ACTIVE DUTY SERVICE IN THE UNITED STATES 
ARMED FORCES DURING SPECIFIED PERIODS OF HOSTILITIES

    1. The authority citation for part 329 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1440, 1443.


Sec. 329.5  [Amended]

    2. In Sec. 329.5, paragraph (e) is amended by revising the date: 
``February 2, 1995'' to read: ``February 3, 1995''

    Dated: August 25, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-21689 Filed 8-31-95; 8:45 am]
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